Official Journal of the European Union

EN

C series

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C/2024/3924

(Case T-260/24)

(C/2024/3924)

Language of the case: English

Parties

Applicants: Apple Inc. (Cupertino, California, United States), Apple Distribution International Ltd (Cork, Ireland) (represented by: B. Meyring, A. Wachsmann, W. Leslie, L. Gam, C. Riis-Madsen, S. Frank, lawyers, and D. Beard, Barrister-at-Law)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

—annul the Commission Decision C(2024) 1307 final of 4 March 2024 in Case AT.40437– Apple – App Store Practices (music streaming);

or, in the alternative,

—annul in part or in full Article 3 of the contested decision; and / or

—annul or reduce the fine imposed on the applicants;

and, in any event,

—order the Commission to bear the applicants’ costs.

Pleas in law and main arguments

In support of the action, the applicants rely on five pleas in law.

1.First plea in law, alleging that the contested decision errs in its findings of market definition and dominance.

2.Second plea in law, alleging the contested decision errs in finding the applicants’ anti-steering provisions abusive.

3.Third plea in law, alleging the contested decision errs in imposing a fine and in calculating that fine.

4.Fourth plea in law, alleging that the contested decision errs in imposing a remedy which is disproportionate and for which it fails to state reasons.

5.Fifth plea in law, alleging that the contested decision violated the applicants’ rights of defence.

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ELI: http://data.europa.eu/eli/C/2024/3924/oj

ISSN 1977-091X (electronic edition)

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